Additions to Council, March 27, 2012ADDITIONS TO COUNCIL, TUESDAY, MARCH 27, 2012
Council Information
1. Request that Council wear Purple on Tuesday, to show awareness for Epilepsy,"
"National Purple Day ".
COMMITTEE OF THE WHOLE
1. PD- 2012 -08 - Appeal of committee of Adjustment Decision
Parts 3 & 4 on Reference Plan 59R -7429, Montrose Road
a) Request for Deferral.
COUNCIL
PLANNING
1. PD- 2012 -22 - Optimist Park Draft Plan of Subdivision, Dorchester Road (
West Side), North of Morrison Street
a) Correspondence from Harry and Christina Watling
b) Correspondence from Dan Carson
COMMUNICATION
Additional Communication
1. Letter from Sullivan Mahoney - re: Niagara Escarpment Commission Appeal
Reconstruction of Fruitbelt Parkway
RECOMMENDATION: To preserve the City's right to appeal, staff be directed to
appeal the decision of the Niagara Escarpment Commission decision regarding
the reconstruction of Fruitbelt Development; and
That staff bring back a report to Council on the particulars of the appeal.
BY -LAWS
REVISED
1. 2012 -13 A by -law to designate Blocks, Registered Plan 59M -251,
Not be subject to part-lot control.
ADDITIONS TO COUNCIL, TUESDAY, MARCH 27, 2012
Council Information
1. Request that Council wear Purple on Tuesday, to show awareness for Epilepsy,"
"National Purple Day ".
COMMITTEE OF THE WHOLE
1. PD- 2012 -08 - Appeal of committee of Adjustment Decision
Parts 3 & 4 on Reference Plan 59R -7429, Montrose Road
a) Request for Deferral withdrawn.
COUNCIL
PLANNING
1. PD- 2012 -22 - Optimist Park Draft Plan of Subdivision, Dorchester Road
(West Side), North of Morrison Street
a) Revised Conditions of Draft Approval, changes are highlighted.
b) Correspondence from Harry and Christina Watling
c) Correspondence from Dan Carson
BUDGET
1. Copy of Budget power point presentations.
RECREATION & CULTURE
1. Reminder: Minutes of February 14, 2012 re: Plastic Beverage Bottles Update
COMMUNICATION
Additional Communication
1. Letter from Sullivan Mahoney - re: Niagara Escarpment Commission Appeal
Reconstruction of Fruitbelt Parkway
RECOMMENDATION: To preserve the City's right to appeal, staff be directed to
appeal the decision of the Niagara Escarpment Commission decision regarding the
reconstruction of Fruitbelt Development; and
That staff bring back a report to Council on the particulars of the appeal.
BY -LAWS
REVISED
1. 2012 -13 A by -law to designate Blocks, Registered Plan 59M -251,
Not be subject to part-lot control.
(3/26/2012) Dean |urfidm - E ilepsy Niagara Page 1
From: "Bob Romeo - Community Outreach" <uommunitv@opi|epsyni anyorg>
To: <diorfido@niagorofoUo.oa>
Date: 3/23/2012 2 30 PM
Subject: Epilepsy Niagara
Hi Dean,
1 wanted to tell you that Trent Dark from City Hall has been in touch with
us and has put some great fundraising and awareness events together. | also
wanted to remind you that this coming Monday March 26 is Purple Day Purple
Day is recognized across the world, people wear purple on this day to show
awareness for epilepsy. | was wondering if you would be able to pass a note
along to the Mayor and Councillors to wear some purple at this weeks
Council meeting If they agree to it they could also send us a picture and
we could post it on our website and on the National Purple Day website. The
more awareness and support in the community towards epilepsy the better.
Thanks,
Bob.
Bob Romeo
Community Outreach Coordinator
Epilepsy Niagara
community@epilepsyniagara.org
5017 Victoria Avenue
Niagara FalIs, Ontario
L2E 4C9
Phone: 905-353-1096 Fax: 905-353-0758
(3/27/2012) Dean Iorfida - Re: Appeal of Committee Adjustment Matter Page 1
From: John <flyniagara @yahoo.ca>
To: Dean lorfida <diorfida @niagarafalls.ca>
Date: 3/27/2012 2:10 PM
Subject: Re: Appeal of Committee Adjustment Matter
Hi Dean,
Just left a phone message, will be there this evening.
Regards John
Sent from my iPad
On 2012- 03 -26, at 10:01 AM, "Dean Iorfida" <diorfida @niagarafalls.ca> wrote:
> Hi John:
> I will let Council know of the deferral request.
> Thanks
> Dean
»» John <flyniagara @yahoo.ca> 3/24/2012 7:15 AM »>
> Dean,
> I will be out of town for the 27th meeting. Is it possible to defer as Rocky will not be there as well.
> Thanks in advance,
> John
> Sent from my iPad
> On 2012- 03 -23, at 11:09 AM, "Dean lorfida" <diorfida @niagarafalls.ca> wrote:
» John/ Rocky:
» The attached report is scheduled for Tuesday, March 27th at 5:30 p.m. in Committee Room #2,
Basement of City Hall.
If you have any questions, let me know.
Thanks
Dean
Dean lorfida, City Clerk
Niagara Falls
905 - 356 -7521, Ext. 4271
905 - 356 -9083 (Fax)
» The City of Niagara Falls Confidentiality Notice
The information contained in this communication including any attachments may be confidential,is
intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of
this message is not the intended recipient, you are hereby notified that any dissemination, distribution,
March 27, 2012
- 13 -
APPENDIX A
Conditions for Draft Plan Approval
PD- 2012 -22
1. The Optimist Park Draft Plan of Subdivision prepared by Upper Canada
Consultants, dated February 22, 2012, showing 120 lots for single- detached
dwellings, 1 block for commercial development, 1 block for a walkway and 1 block
for parkland, be approved.
2. The developer enter into a registered Subdivision Agreement with the City to satisfy
all requirements, financial and otherwise, related to the development of the land.
Note: Should any other body wish to have its conditions included in the Subdivision
Agreement, they may be required to become party to the Subdivision Agreement
for the purpose of enforcing such conditions.
3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land
to the City Solicitor prior to the preparation of the Subdivision Agreement.
4. The subdivision be designed and constructed in accordance with City standards
which, in part, includes the following:
(a) roadway pavement widths to municipal requirements;
(b) dedication of daylighting triangles with 5 metre legs at the intersection of
Close Avenue and Optimist Lane, Morrison Street and Street A;
(c) the tapering of Morrison Street from 4 lanes to 2 lanes;
(d) dedication of the road allowances to the City as public highway, and the
streets named to the City's satisfaction;
(e) provision of water distribution, sanitary sewer and storm sewer systems in
accordance with the Engineering Standards Manual 2010, as amended;
(f) sump pumps to discharge to the storm sewer;
(g) walkway (Block 121) be constructed to municipal requirements;
(g) provision of an overland stormwater flow route;
(h) application of the City's Lot Grading and Drainage Policy in accordance with
the Engineering Standards Manual 2010, as amended; and
(i) dedication of a 15 metre road widening along the north portion of Block 123
to the City's satisfaction.
5. The developer remove the existing turning bulb at the end of Morrison Street to the
satisfaction of Transportation Services.
6. The developer dedicate to the City a 0.3 metre reserve along the north side of
Morrison Street, west of Street A, to the satisfaction of Transportation Services.
7 The developer request that the City remove the 0.3 metre reserve at the end of
Close Avenue.
8. The developer construct sidewalks to City standards along one side of Optimist
Lane, the east side of Street A, and both sides of Morrison Street connecting to the
existing terminuses in accordance with City practices and procedures. In lieu of
constructing the portion of the sidewalk along the south side of Morrison Street, the
City would accept a cash payment equal to the cost of constructing that portion of
the sidewalk.
March 27, 2012
-14 - PD- 2012 -22
9. The developer provide speed control devices in the subdivision to the satisfaction
of the Transportation Services.
10. The developer submit servicing plans showing road widths /curb radii to Fire
Services for review and approval.
11. The subdivision agreement require the developer demonstrate to Fire Services'
satisfaction that adequate water supply for fire fighting purposes is available and
accessible with sufficient volume and flow to facilitate fire fighting operations.
12. That the developer provide a plan to Fire Services satisfaction illustrating the
location of firebreak lots, and that a clause be put into the Subdivision Agreement
prohibiting the issuance of a Building Permit on a firebreak lot until such time as the
exterior finish cladding roofing and windows on buildings abutting the firebreak lots
have been completed.
13. The subdivision agreement require the developer to construct a board on board
wood fence, 1.8 metres in height along all portions of Block 122 that abut
residentially zoned properties, to the satisfaction of the City.
14. The subdivision agreement require the developer to construct a 1.2 metre high
chain Zink fence along the portion of the Morrison Street road allowance that abuts
Lots 12 to 20 (inclusive) and Lots 30 to 34 (inclusive), to the satisfaction of the City.
15. The developer pay the Development Charges in force at the time of execution of the
Subdivision Agreement.
16. The portion of Block 123 (not required for future improvements to Morrison Street)
be dedicated to the City as parkland. The balance of the 5% parkland dedication
shall be provided as cash -in -lieu of parkland.
17. The developer grant the City and Public Utilities any easements required to service
the subdivision.
18. The developer contribute funds to provide boulevard trees in accordance with City
policy.
19. The developer agree in the subdivision agreement to protect all existing trees within
the Morrison Street road allowance except where entrances may be required.
20. The developer receive final approval from the City of the Official Plan amendment.
21. The developer receive final approval from the City to the Zoning By -law amendment
to provide land use regulations to guide the development of the subdivision.
22. The developer provide three calculated plans and a letter prepared by an Ontario
Land Surveyor to Planning & Development confirming that all lots comply with the
Zoning By -law.
March 27, 2012
-15 - PD- 2012 -22
23. The developer provide five copies of the pre- registration plan to Planning, Building
& Development and a letter stating how all the conditions imposed have been or are
to be fulfilled.
24. The developer is hereby advised that prior to commencing any work within the Plan,
the developer must confirm that sufficient wire -line communication/
telecommunication infrastructure is currently available within the proposed
development to provide communication /telecommunication service to the proposed
development. In the event that such infrastructure is not available, the developer
is hereby advised that the developer may be required to pay for the connection to
and /or extension of the existing communication /telecommunication infrastructure.
If the developer elects not to pay for such connection to and /or extension of the
existing communication /telecommunication infrastructure, the developer shall be
required to demonstrate to the municipality that sufficient alternative
communication /telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of communication/
telecommunication services for emergency management services (ie. 911
Emergency Services).
25. The developer include in all offers of purchase and sale, a statement that advises
the prospective purchaser that the home /business mail delivery will be from a
designated Centralized Mail Box (CMB) and that the developer will be responsible
for officially notifying the purchasers of the exact CMB locations prior to the closing
of any home sales.
26. The developer satisfy all requirements of Canada Post regarding temporary and
permanent Centralized Mail Box locations, engineering servicing drawings,
installation and providing mail service information to property owners. (Note: The
owner /developer is required to provide the centralized mail facility at their own cost
for buildings and complexes with a common lobby, common indoor or sheltered
space).
27. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan
approved by all utilities that allows for safe installation of all utilities, including
required separation between utilities.
28. The developer construct streets in accordance with the composite utility plans noted
in condition 28.
29. The developer grade all streets to final elevation prior to installation of the gas lines
and provide Enbridge Gas Distribution Inc. with the necessary field survey
information required for installation of gas lines.
30. The developer provide Enbridge Gas Distribution Inc. with the necessary easements
if any gas lines need to be installed outside of the proposed road allowances.
31. That prior to final approval, the owner shall submit to the Ministry of Transportation
for their review and approval, a stormwater management report indicating the
intended treatment of the calculated runoff and the impacts of drainage on the
Q.E.W. right -of -way. The developer is required to obtain the appropriate
development permits from the Ministry of Transportation.
March 27, 2012
- 16 - PD- 2012 -22
32. The subdivision agreement between the City and the developer contain the
following warning clause for Lots 12 to 21 and Lots 30 to 34: "The developer, and
all future owners, include in all offers of purchase and sale, a statement that advises
the prospective purchaser that the City has protected the Morrison Street corridor
beyond its current road terminus for a potential future overpass across the Queen
Elizabeth Way."
33. The developer shall update the Functional Servicing Report, prepared by Upper
Canada Consultants, dated March 2011 to the satisfaction of the City. The
developer shall agree in the executed subdivision agreement to implement all
recommendations of the updated Functional Servicing Report, to the satisfaction of
the City.
34. The developer shall agree in the subdivision agreement to protect all trees on
abutting lands, including lands being retained by the Optimist Club, during
construction of the subdivision.
35. The developer shall satisfy the Regional Municipality of Niagara and the City with
the necessary noise study and implement the recommendations of the noise study
in the subdivision agreement.
36. That within 60 days of draft plan approval the owners acknowledge that draft
approval of this subdivision does not include a commitment of servicing allocation
by the Regional Municipality of Niagara as this servicing allocation will be assigned
at the time of final approval of the subdivision for registration purposes and any pre -
servicing will be at the sole risk and responsibility of the owner /developer.
37. That within 60 days of draft plan approval, the owners shall provide the Regional
Development Services Division with a written undertaking that all offers and
agreements of purchase and sale, which may be negotiated prior to registration of
this subdivision, shall contain a clause clearly indicating that a servicing allocation
for this subdivision will not be assigned until the plan is granted final approval for
registration, and a similar clause be inserted in the subdivision agreement between
the owners and the City of Niagara Falls.
38. That the design drawings for the sanitary sewer and stormwater drainage system
required to service this development be submitted to the Regional Development
Services Division for review and approval. Note: The stormwater management
scheme proposed for this development will require the direct approval of the
Ministry of the Environment (Approvals Branch, Toronto).
39. That prior to final approval of the plan of subdivision for registration, Ministry of the
Environment Certificates of Approval under the Transfer Review Program for the
sanitary sewer and the storm drainage system to the satisfaction of the
Development Services Division.
40. That following completion of the required site remediation, the owners shall file a
Record of Site Condition (RSC) on the Ministry of the Environment's Environmental
Site Registry in accordance with Ontario Regulation 153/04 and a copy shall be
provided to the Regional Development Services Division and the City of Niagara
Falls with a copy of the Ministry's written acknowledgement of the filing of the RSC.
March 27, 2012
-17 - PD- 2012 -22
41. That the owner complies with any applicable Regional policies relating to the
collection of waste to the satisfaction of the Regional Development Services
Division and the owner shall ensure that all streets and development blocks can
provide a through access.
Clearance of Conditions
Prior to granting approval to the final plan, Planning & Development requires written notice
from applicable City Divisions and the following agencies indicating that their respective
conditions have been satisfied:
Bell Canada for Condition 24
Canada Post for Conditions 25 and 26
Enbridge Gas Distribution Inc. for Conditions 27, 28, 29 and 30
Ministry of Transportation for Condition 31
Regional Municipality of Niagara for Conditions 35 to 41
rECEIVED
MAR 2 2 2012
PLANNING
& IV.VELOPMENT
March 21, 2012
Mr. Herlovitch, Mayor Diodati and Council Members,
We are writing to voice our concerns regarding the rezoning of the current Optimist Park on Dorchester
Road. As lifelong Niagara residents and long term citizens of the area we have concerns regarding the
current plan to subdivide the area for single dwellings and to open new commercial space in Niagara
Falls.
Our first concern is that the city has not made a plan to maintain green space that for years has been
maintained by not only Optimist Club members but also by our city tax dollars. Surely there is a
reasonable plan that Optimist International could share with the City of Niagara Falls this beautiful park
land. Our children and citizens of the city need to have accessible land for recreational purposes. A
service club like the Optimist surely owes the citizens of Niagara Falls some compassion and
understanding in regards to maintaining city wide usable space.
A second concern is the opening of Close Avenue. Once the Target store is open, the intersection of
Morrison Street and Dorchester Road will become a bottle neck area. Citizens familiar with the city will
be cutting through the Dirdene Street area to avoid the traffic congestion and thus this quiet residential
area will become a traffic track for people to clear a busy area. Remember how busy this area was with
WaI -Mart? It is bound to happen again with Target.
Our property backs on to the Optimist and although at the meetings they say drainage and handling the
obvious elevation between park and residential areas are being considered; no one can tell us exactly
how it will be handled. It would be good to see how this going to be done before we all come to an
understanding or agreement of any kind.
Finally how much more commercial space do we need? Drive around the city, empty commercial areas
dominate our city. Long term unoccupied businesses are not always well maintained and thus add to
our already depressed looking city. Please let us try to work towards keeping our city more vibrant and
alive. We want our children to stay in our city. Surely we can slow down on the building of new homes.
City growth is not moving ahead. We have little to off in industry or trade to keep people working. Why
keep building?
We realized the great challenge the Optimist Club face with declining support, but surely with the
support of Optimist International and the City of Niagara Falls, we could come to an agreement that
would benefit the citizens of Niagara Falls and not just the private enterprise such as River Reality.
Thank you,
Harry and Christina Watling
7128 Parkdale Street
Niagara Falls, Ontario
L2E 5P3
905 -358 -9390
Gwen Donofrio - Optimist Park Development
.w•
From: Dan Carson <carson.dan@cogeco.ca>
To: <planninggniagarafalls.ca >, David Deluce <DDeluce@niagarafalls.ca>
Date: 3/22/2012 8:28 PM
Subject: Optimist Park Development
1 am writing to you today in regard to the proposed Optimist Park development (Draft Plan of Subdivision - File: 26T -11- 2011 -01 Revised). My family and I
have lived at 7035 Dirdene St. for 22 years and have watched a steady growth in traffic in the Morrison/Dorchester area. Everyone knows there is an obvious
traffic problem in this area, especially when a is train blocking both Morrison and Dorchester and adding another 120 homes and more commercial space to
the area will only add to the problems.
That said I believe at least half of the traffic from these new homes (with probably 2 cars per dwelling) would be using Close Ave./Dirdene St. to get to and
from Dorchester Rd. from either Dianne St. or Freeman St., I do not want the additional traffic passing by my house and do not look forward to backing out of
my driveway into a busy intersection as our driveway is directly in line with Close Ave.
To add to the new local traffic 1 believe we will also see increased traffic occurring from the realization that the opening of Close Ave. creates another access
point to the new and existing shopping areas, which I feel will bring an even greater amount of unwanted traffic through our neighbourhood, especially when
the new Target store moves into the old Walmart property.
For these reasons I do not want Close Ave. opened to vehicular traffic. If the new development must be approved then opening a second roadway onto
Morrison St. and leaving Close Ave. closed would be better suited to the safety and quality of life of the residents of the existing Queensway /Dirdene
neighbourhood.
Thank you
Dan Carson
7035 Dirdene St. Niagara Ontario
City of Niagara Falls
2012 Operating Budget
March 27. 2012
Recap of Ac'
to Date
Expenditures:
• Reviewed by classification and
responsibility area
• Fees for Service /Grants
• Identified Main Drivers,
• Minimal Expenditure r1rease
Recap of Act
to Date
Revenues:
• Modest growth in non -tax revenues
• Significant assessment appeal
challenges in 2012
• Solid real growth in assessment
• Last Year of Phase in assessment
• 2013 New Assessment Year
• OMPF Funding Announcement
2012 Budget Ove
Original Proposed Plan
$99,686,596
k
Revised Expenditures (A)
99,061,468
Original Proposed Revenue
96,037,090
£ ■F - t} :FL".iR
p
P
ys'y�f
rw+f.'4'•ij•F:
,j E. d.F. .�3 k Yy.
Revised Revenues (B)
96,264,040
Revised Levy Requirement (A -B)
$2,797,378
Potential Le
Difference
Less: Year Over Year
Assessment Growth
$217971578
(501,482)
Total Additional Levy $2,296,096 4.48%
Required (A)
Phase in Assessment $2,368,521 4.62%
Impact (B)
Recommendation Staff: Choose Levy Increase A
* Based on 1% tax rate increase = $540,747
Impact on Homes
Comparison of Tax Rates on the Average Household
Tax
Assessment
City — General
City—Urban
Service Area
CI Waste
City—Region
2011 2012 $ Change % Change
200,353
$879.23
$141.29
131.88
$1,203.17
462.82
$2,818.39
Total
209,171
$917.74
$147.35
Sin 9
$1,241.12
$462.21
$2,899.67
8,818
$38,51
$6.06
4.40%
4.38%
4.29%
52%)
3.15%
2.88%
$81.28
Municipal Compari.a :
(TctaITxfri:a
St. 'Catharines 3.48%
Fort Erie 3.40%
Port Colborne 3.95%
Pending: Welland, Thorold
Individual Tax Impacts of Po tential.
New Expenditures
Required Levy Increase
Total
$2,295,096
Taxation
4.48 °fo
Additional Spending Options and Impacts
Additional Operating Expenditures - Patching $750,000 1,39%
& Road Repairs
Additional Operating Expenditures —
Sidewalk Replacement
Addi nai Capital Pr oms
$500,000 0.925%
$540,000 1.00%
Specific Capital - Asphalt Overlay $1,000,000 1.85%
Year 1 of .0 Vea la ground Improve ent $057,000 1:03%
Implementation Transit Plan -Year 1 $420,000 0.78%
$2,546,000 +4.10%
$2,043,200 3.77%
.it Plan- Year .2
Funding of OMPF is cancelled
City of Niagara Falls
Debt Management
Strategy
March 27, 2012
The Need for Capita
Reinvestments
• Initiated as a part of Council's
Strategic Initiatives
• City of Niagara Falls Capital Assets
$518 million (2010)
• Infrastructure Reinvestment Required
• 10 Year Capital Needs
• Funding Options Available
• Direct Option vs. Leverage Option
Impacts of Cap'.
Infrastructure Deficit
• Increased cost of repairs /maintenance
• Reduction of Service Levels
• Increased risks
• Increasing insurance costs
Funding Sources for
Capital Projects
• Existing Transfers to Capital
$4.435 million
• Gas Tax Grants
• Other Levels of Government
• Reserves
• Debt
Existing Pos iti
• Debt as at December 31, 2011 -
$75.4 million
• Annual Servicing Cost -
$8.4 million
• Percentage of Own Sources - 8.4%
• Museum Project - $2.032 million
Three Options
Investigated
1. Maintain Status Quo
2. Replace Debt as Retires
3. Replace Debt and Reallocate
Capital Transfer
Goal: To identify mechanism to fund
required Capital Reinvestment
Stay the Course
Pros:
• Debt Reduction
• Reduces Expenditure over time
• Results in $123 million in capital
reinvestment over 20 years
Cons:
• Does not meet Capital Needs or
Council's Strategic Initiatives for
Infrastructure Sustainability
• Increase operational costs
Evaluation Option 1
Pros:
• Maintains Consistent Expenditure
• Debt reduction continued but slower pace
• Results in $194 million over 20 years in
Capital Re- investments
• Debt Servicing Reduces as % of own
sources revenues over time
Cons:
• May not be enough to meet capital needs
for infrastructure sustainability
Evaluation Option
Pros:
• Maintains Existing Budget Expenditures
• Maintains level of debt servicing below 10%
of own source
• Increases Capital re-investment in first 10
years of plan
• Higher Capital investment of $200 million
Cons:
• Reduces flexibility in later years
• May not be enough to meet capital needs for
infrastructure sustainability
Annual Reinvestment Options Available
20
18
6 4'
4 T--
M 3 '41 4 2 g r4 (r:1' 00 �
000000000000000000
NNNNNNNNNNNNNNNNNN
Debt Management Plan - Debt Balance
90
20
10
.-I ry m ari iD r■ co co 0 r1 m U1 (D N. co 01 0 a-I
1,-1 - a-I r-I 1-I N N N ej r.z e4 ri N 111
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
es/ rJ N N N N 4 est r.l N N r4 N r4 N N N N
90
80
70
Let 60
50
2 40 -k
30
20
10
Year
Potential Outstanding Debt
74.56
83.56
16.68
2011 2016 2021 2031
Year
Existing P
.iiii.ii■oOption 1
•Option 2
Existing Balance at
December 31st
Option 1
•Option 2
Recommendatio
• Utilize Option 2
• Transfer $450,000 from Capital to
2012 for Council's consideration
• Develop 2012 Capital Budget based
on Option 2
• Develop long term Capital Re-
investment plan based on Option 2
Thank You
Questions?
- 3 - February 14, 2012
Council Minutes
Conclusion
The zoning amendments can be supported because:
It matches the new common lot line (approved by the Committee of Adjustment
B- 2011 -011)
The reduced landscaping strip has been in existence for a considerable time
without any adverse issues.
Recommendation
That Council approve the Zoning By -law amendment application to adjust the boundaries
of the site specific Tourist Commercial zones (TC -588 & TC -863) in effect on 5068 Centre
Street and 5781 Ellen Avenue to reflect the new common lot line approved by the City's
Committee of Adjustment and the resultant lesser landscaping strip along the east property
line of 5781 Ellen Avenue.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
WATER MATTERS
1. MW- 2012 -08, Promotion of Municipal Drinking Water - Blue W Program
The report recommends that staff be authorized to proceed with the implementation
of the Blue W program.
Evan Pilkington, Director of Blue W, a municipal drinking water program addressed
Council on his company's program which has businesses self- identifying the availability of
water.
ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo
that the report be approved as recommended.
with Councillor Kerrio opposed.
Motion Carried
2. R &C- 2012 -03 - Plastic Beverage Bottles Update
The report recommends the following:
1 That Council reconfirms its decision from February 23, 2009, to eliminate the sale
of all plastic beverage bottles at City owned facilities, municipal buildings, and
recreation facilities, a position endorsed and supported by the Park in the City
Committee and the Mayor's Youth Advisory Committee.
2. That Council continues to support the elimination of the sale of plastic beverage
bottles including biodegradable bottles and glass water bottles at the Gale Centre.
3. That Break -A -Way Concessions, the Gale Centre's exclusive food and beverage
provider be permitted to install two snack vending and two game machines at
designated locations at the Gale Centre.
ORDERED on the motion of Councillor Wing, seconded by Councillor Gates that
recommendation # 1 be approved.
with Councillors Morocco, Mayes and Kerrio opposed.
Motion Carried
- 4 -
February 14, 2012
Council Minutes
ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that
recommendation # 2 be approved.
Motion Defeated
Councillors Pietrangelo, Maves, Kerrio and Morocco opposed.
ORDERED on the motion of Councillor Wing, seconded by Councillor Gates that
recommendation # 3 be deferred.
Motion Defeated
with Councillors Thomson, Morocco, Kerrio and Maves opposed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that recommendation # 3 be approved.
Motion Carried
with Councillors Gates and Wing opposed.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that Council suspend its procedural rules to allow for a motion of reconsideration for
allowing the sale of glass bottles.
Motion Carried
with Councillors Wing and Morocco opposed.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the City ban the sale of glass bottles at all City facilities.
Motion Carried
with Councillor Wing opposed.
ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that
staff bring back a report defining "biodegradable ".
with Councillor Kerrio opposed.
REPORTS
Motion Carried
1. MW- 2012 -01 - Lundy's Lane Gateway/Walkway, Class Environmental
Assessment - Final Report.
The report recommends the following:
1. That the Lundy's Lane Gateway/Walkway Class Environmental Assessment
(December 2011) be received, and
2. That staff be directed to file the Notice of Study Completion effective February 17,
2012.
Clerks Department
Inter - Department Memorandum
TO: Mayor James M. Diodati DATE: March 27, 2012
& Members of City Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
RE: Letter from Sullivan Mahoney
Re: Niagara Escarpment Commission Appeal
Reconstruction of Fruitbelt Parkway
Attached please find a letter from Mr. Rocky Vacca requesting the City appeal the recent decision
by the Niagara Escarpment Commission to deny an application for a development permit for the
reconstruction of Fruitbelt Parkway.
The City was the original applicant for the permit and the final date of appeal is March 30, 2012.
As a result, to protect the City's right to appeal, staff will file the requisite appeal before this week's
deadline. A report on the particulars of this matter will come to the next Council meeting.
RECOMMENDATION: To preserve the City's right to appeal, staff be directed to appeal
the decision of the Niagara Escarpment Commission decision regarding the reconstruction
of Fruitbelt Development; and
That staff bring back a report to Council on the particulars of the appeal.
Working Together to Serve Our Community
Mar. 22. 2012 2:20PM Sullivan Mahoney— Niagara Falls No. 4346 P. 1/2
SULLIVAN MAHONEYL,
LAWYERS
Please reply to the Niagara Falls Office
March 22, 2012
via fax #905.374.3557
City of Niagara Falls
City Hall
4310 Queen Street
NIAGARA FALLS, ON
L2E 6X5
Attention: Mayor Diodati & Members of Council
Dear Mayor Diodati & Members of Council:
Re: Our Clients: Cotton Inc., Modern Corporation & Pinewood Homes (Niagara) Ltd.
Re: Reconstruction of Fruitbelt Parkway
Re: Niagara Escarpment Commission, Decision Dated March 16, 2012
We act as solicitors for Cotton Inc., Pinewood Homes (Niagara) Ltd. and Modern Corporation in the
above referenced matter.
As you are aware, our clients are not only major employers and taxpayers but also good corporate
citizens of the City of Niagara Fails.
Our clients are the main users of Fniitbelt Parkway which is substantially in disrepair and has an
existing road bed which is incapable of supporting large trucks. The condition of Fruitbelt Parkway
has impacted and continues to impact our clients' business operations through increased maintenance
and repair costs and damage to its employees vehicles. Future expansion of each of its operations is
dependent upon improvements to Fruitbelt Parkway. Over the past two(2) years, the City in
conjunction with our clients has been working diligently and co- operatively towards resolving the
ongoing problem of the maintenance of Fruitbelt Parkway which resulted in an agreement being
executed in 2011. The Agreement contemplates that Cotton Inc. will construct the necessary
improvements to Fruitbelt Parkway including the installation of storm and sanitary sewers on behalf of
the City. A development permit from the Niagara Escarpment Commission is required in order to
effect the proposed sanitary sewer extension which, for all intents and purposes, can only be
characterized as very minor in nature.
We understand that the City of Niagara Falls did submit an application for the required Development
Permit but the application was refused by the Niagara Escarpment Commission by Notice of Decision
dated March 16, 2012, a copy of which is attached. The last day to appeal the decision is March 30,
2012. The City, as applicant, is the proper party to appeal the Decision.
40 Queen StreeS P. O. Box 1360, St. Catbariaes, Ontm01.2R 6T„2 Telephone: 905- 688 -6655, Facsimile: 905 -688 -5814
4781 Portage Road, Niagara Falls, Ontario L2E 6B1 Telephone: 905. 357.2204, Facsimile: 905- 357 -0501
www.sullivaa -maho .cam
Mar. 22. 2012 2:20PM Sul van Mahoney— Niagara Falls No. 4346 P. 2/2
Page 2
As you can expect, our clients are very frustrated by the decision of the Niagara Escarpment
Commission which not only prevents the improvements from proceeding but fails to take into account
the current condition of Fruitbelt Parkway and the needs and wishes of our clients and the City. We
understand that the City is likewise frustrated.
We are formally requesting that Council authorize and direct staff to appeal the Niagara
Escarpment Commission's decision before the appeal deadline of March 30, 2012. We are also
requesting that Council consider passing a resolution formally advising the Minister of Natural
Resources and our local M.P.P. of Council's frustration that necessary improvements to
Fruitbelt Parkway are being prevented as a result of the N.EC.'s policy interpretation.
We thank you for your attention to this important matter and look forward to continuing to work
towards the completion of the long awaited improvements to Fruitbelt Parkway.
Yours very truly,
SULLIV: 4 MAHONEY LLP
per:
Rocco Vacca
RV:rhh
cc. Dean Iorfida via fax#905.356.2354
cc. Geoff Holman via fax#905.356.2354
cc. Ken Beaman via fax# 905.371.2892
CITY OF NIAGARA FALLS
By -law No. 2012 -
A by -law to designate Block 42, Registered Plan 59M -251, not be subject to part-lot control.
WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council
of a local municipality may by by -law designate lands that would otherwise be subject to part-lot
control, not be subject to such part-lot control;
AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be
approved by the appropriate approval authority, that being the Regional Municipality of Niagara as
per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by
Regional Municipality of Niagara By -law No. 8819 -97;
AND WHEREAS the said land is zoned by By -law No. 97 -174 to permit the erection of single
detached dwellings and on- street townhouse dwellings thereon;
AND WHEREAS the owner of the said lands proposes to divide Block 42 into two parcels to be
sold separately;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient
to designate that the said land not be subject to part-lot control.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 42, Registered
Plan 59M -251, described as Parts 1 and 2 on Reference Plan 59R- 14650, in the City of
Niagara Falls, in the Regional Municipality of Niagara.
2. This by -law shall remain in full force and effect for two years from the date of passage of this
by -law, after which time this by -law shall expire and be deemed to be repealed and of no
effect.
Passed this twenty- seventh day of March, 2012.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
March 27, 2012
March 27, 2012
March 27, 2012
S: \PART LOT CONTROL\2012 \PLC -01 \Block 42 PLC By- Iaw.wpd